TEXAS BOARD OF PROFESSIONAL ENGINEERS
February 11, 2016, Board Meeting Disciplinary Actions

Mr. Juan Guzman, Amarillo, TX; Case Number B–35949
Violation: Mr. Guzman practiced engineering without being licensed by the Board. Mr. Guzman is not now nor has ever been licensed as a professional engineer in Texas with the Board. Mr. Guzman's firm is not registered with the Board nor has it completed the business entity registration process. The eight engineered carport designs modified by the Mr. Guzman and submitted to the City of Amarillo all contain Mr. Guzman's firm title block.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(A) and 1001.301(a) and (d) and 22 TAC §137.37(b)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $3,000.00

Mr. Harish Navinchandra Shah, P.E. #67169, Corpus Christi, TX; Case Number D–36069
Violation: Mr. Shah issued misleading Windstorm Inspection Verification Forms to Texas Department of Insurance. Mr. Shah affixed his seal and signature to three WPI-2 forms for the project in question. Mr. Shah failed to act as a faithful agent to his client and failed to practice engineering in an honest and ethical manner in that his false certifications placed the owner in jeopardy of losing windstorm and hail insurance protection if the deficiencies were not corrected. As such, Mr. Shah failed to conduct engineering in a careful and diligent manner.
Act/Rule Violated: 22 TAC §§ 137.57(b)(3), 137.63(a) and 137.63(b)(5) and (b)(6)
Resolution: One Year Probated Suspension contingent on payment of Administrative Penalty in amount of $1,950.00 and successfully complete Texas Tech University Engineering Ethics I Course.

Mr. Rodney Alan Ekern, P.E. #47986, Arlington, TX; Case Number D-35672
Violation: Mr. Ekern failed to properly and promptly notify the Board of his change in employment status. Mr. Ekern created a misleading impression as to what firm actually provided the engineering services for the project in question. In addition, Mr. Ekern offered and provided engineering consulting services as a sole proprietor without having registered the firm with the Board.
Act/Rule Violated: 22 TAC §§ 137.57(b)(3) and 137.77(d)
Resolution: Formal Reprimand and Administrative Penalty in amount of $1,500.00.

Mr. Tracy Alan Martin, P.E. #90218, Liberty Hill, TX; Case Number D–36092
Violation: Mr. Martin practiced engineering while his Texas professional engineer license was expired. Mr. Martin assisted and facilitated a non-registered firm in the illegal practice of engineering. Mr. Martin failed to notify the Board of change in his employment status within the allotted timeframe, thirty days. As such, Mr. Martin failed to conduct engineering in a careful and diligent manner.
Act/Rule Violated: Tex. Occ. Code §1001.401(c) and 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.5(a), 137.7(a), 137.13(h), 137.37(a)(2), 137.63(c)(1), 137.63(b)(6), and 137.77(a) and (d)–(e)
Resolution: One Year Probated Suspension contingent on payment of Administrative Penalty in amount of $975.00 and successfully complete Texas Tech University Engineering Ethics I Course.

Mr. Jason Robert Milligan, P.E. #96383, Hoover, AL; Case Number D–36132
Violation: Mr. Milligan practiced engineering while his Texas professional engineer license was expired. Mr. Milligan's Texas professional engineer license expired and was not renewed for twelve months during which Mr. Milligan signed and sealed engineering plans. Mr. Milligan failed to properly affix an execution date on engineering documents prior to being issued.
Act/Rule Violated: Tex. Occ. Code §1001.401(c) and 22 TAC §§ 137.7(a), 137.33(f), and 137.37(a)(2)
Resolution: One Year Probated Suspension contingent on payment of Administrative Penalty in amount of $750.00.

Devcol Engineering, LLC, Cypress, TX; Case Number B–36213
Violation: Devcol Engineering, LLC practiced engineering and represented to the public the firm was engaged in the practice of engineering without being registered with the Board.
Act/Rule Violated: Tex. Occ. Code §§ 1001.004(c)(2)(C) and 1001.405(b)(1) and (e)(1), and 22 TAC §§ 137.71(2) and (6) and 137.77(a) and (d)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $650.00

James H Suchma PE Inc. (F-321), Richmond, TX; Case Number B–36190
Violation: James H Suchma PE Inc. (F-321) offered to provide consulting engineering services while its registration was expired.
Act/Rule Violated: Tex. Occ. Code §1001.405(e)(1) and 22 TAC §§ 137.77(d)–(e)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $500.00

Anchor Equipment Sales, Inc. (F-4559), Houston, TX; Case Number B–35904
Violation: Anchor Equipment Sales, Inc. (F-4559) offered to perform engineering services and represented to the public it was engaged in the practice of engineering while its registration was expired.
Act/Rule Violated: Tex. Occ. Code §1001.405(e)(1) and 22 TAC §§ 137.77(a) and (e)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $250.00

E W McAllister PE (F-1123), Houston, TX; Case Number B–36201
Violation: E W McAllister PE (F-1123) offered to provide consulting engineering services while its registration was expired.
Act/Rule Violated: Tex. Occ. Code §1001.405(e)(1) and 22 TAC §§ 137.77(a) and (d)–(e)
Resolution: Cease and Desist Order and an Administrative Penalty in the amount of $250.00.

AGS Consultants, LLC (F-14647), Houston TX; Case Number B–36126
Violation: While AGS Consultants, LLC (F-14647) registration was inactive, it offered to provide consulting engineering services and represented to the public it was engaged in the practice of engineering through its website and Facebook page.
Act/Rule Violated: Tex. Occ. Code §§ 1001.405(b)(1) and (e)(1) and 22 TAC §§ 137.77(d)–(e)
Resolution: an Administrative Penalty in the amount of $250.00.

Continental Production Services, Inc. (F-16343), Houston, TX; Case Number B–36166
Violation: Continental Production Services, Inc. (F-16343) offered to provide consulting engineering services while its registration was inactive.
Act/Rule Violated: Tex. Occ. Code §1001.405(e)(1) and 22 TAC §§ 137.77(a) and (d)–(e)
Resolution: an Administrative Penalty in the amount of $250.00.

Jett Engineering, Inc. (F-14801), Houston, TX; Case Number B–36189
Violation: Jett Engineering, Inc. (F-14801) offered to provide consulting engineering services while its registration was inactive.
Act/Rule Violated: Tex. Occ. Code §1001.405(e)(1) and 22 TAC §§ 137.77(d)–(e)
Resolution: an Administrative Penalty in the amount of $250.00.

Ardoin Engineering (F-9419), Houston, TX; Case Number: B–36167
Violation: Ardoin Engineering (F-9419) offered to provide consulting engineering services while its registration was inactive.
Act/Rule Violated: Tex. Occ. Code §1001.405(e)(1) and 22 TAC §§ 137.77(a) and (d)–(e)
Resolution: Cease and Desist Order.

Floresca Associates Inc. (F-1795), Carrollton, TX; Case Number B–36251
Violation: Floresca Associates Inc. (F-1795) offered to provide consulting engineering services while its registration was inactive and expired.
Act/Rule Violated: Tex. Occ. Code §1001.405(e)(1) and 22 TAC §§ 137.77(d)–(e)
Resolution: Cease and Desist Order.

Mr. Roy Alexander Hunt, P.E. #69436, Sacramento, CA; Case Number D–36208
Violation: Mr. Hunt failed to complete the required Professional Development Hours (PDH) of continuing education in another jurisdiction. Mr. Hunt failed to reply to another jurisdiction's regulatory agency's request for information.
Act/Rule Violated: In accordance with 22 TAC §137.65(b), if Mr. Hunt's conduct had occurred in Texas, his actions would have violated 22 TAC §§ 137.17(p)(2)–(3) and 137.51(c).
Resolution: Formal Reprimand.